Landlord Agrees To Settle Commission-Initiated Disability Discrimination Case for Civil Penalties, Installation of Ramps, Affirmative ReliefThe Law Enforcement Bureau initiated an investigation after it received multiple complaints from building residents of 8750 Bay Parkway, Brooklyn, about the need for external and internal ramps, and agents of the landlord refused to construct those ramps. Tamosaitis agreed to a settlement of his federal retaliation lawsuit against Hanford contractor URS for $4.1 million dollars. For example, in the past, sometimes lawsuits arise out of someone being offended by another individual. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Prada entered into a conciliation agreement requiring Prada to ensure that its New York City employees and certain Milan-based executives receive racial equity training and training on the New York City Human Rights Law; develop a scholarship program for people historically underrepresented in fashion; appoint a senior, director-level diversity and inclusion officer who will review Pradas advertising and products sold in the United States, as well as review and monitor Pradas anti-discrimination policies; maintain Pradas Diversity and Inclusion Council, launched by Prada in February of 2019, with a minimum of three to five members for a period of at least six years, with regular reporting by Prada on the councils progress to the Commission; and commit to increasing the diversity of its staff; and submit to two years of monitoring by the Commission. In addition to protecting whistleblowers who have reported possible securities law violations from retaliation, Commission Rule 21F-17(a) prohibits any person from taking any action to prevent you from contacting the SEC directly to report a possible securities law violation. To settle the case, Respondents Mulberry and Alpha each paid a civil penalty of $1,000 to the City of New York, and Respondent Alpha also paid $2,000 to the Complainant for emotional distress. If you are looking to file a lawsuit, you must first know whether your . Respondent LaGuardia Gateway Partners (LGP), which manages the Terminal B area, agreed to pay $4,000 in emotional distress damages to Complainant for this incident. The parties conciliated, with Ginestri agreeing to pay $14,000 in civil penalties and to set aside four units for individuals with public sources of income, and Signature agreeing to pay $7,000 in civil penalties. Gucci also announced, among its initiatives, a global strategy to increase cultural sensitivity and awareness; hired a global head of Diversity, Equity and Inclusion; appointed an Executive Advisor for Global Equity and Culture Engagement; established a Global Equity Board; created a multicultural design fellowship program; and implemented unconscious bias training for employees in the United States. Employment. Yodle Inc. Settles Case for $5,000 in Civil Penalties After Using Unlawful Language in their Employment ApplicationsA prospective job applicant used Yodles online employment application system to apply for a sales position at the company. The Complainant reported the name-calling and other hostile interactions to the FDNY's Equal Employment Office (EEO), which, she alleged, failed to take action following an internal investigation. Landlord and Broker Settle Source of Income Discrimination Case for $21,000 and Affirmative Relief, Including Set-Aside of Apartments for Voucher HoldersBased on paired testing by the Fair Housing Justice Center contracted by the Commission, the Commission filed a Commission-initiated complaint against Ginesteri Equities and Giovanni Ginestri, a landlord, and Signature Spaces, a broker, alleging source of income discrimination. A member of RSHs management will also attend training at the Commission. The Federal Savings Bank Pays $320,000 To Resolve Sexual Harassment and Retaliation Claims and Agrees to Affirmative Relief and Ongoing MonitoringA former employee filed gender-based harassment and retaliation claims against her employer, The Federal Savings Bank (FSB), and FSBs former CEO Stephen Calk, alleging claims of sexual harassment and retaliation by terminating her employment after she complained. Your email address will not be published. Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility IssueComplainant reported to the Commissions Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. Landlord Agrees To Settle Emotional Support Animal, Disability Discrimination and Retaliation Case for $55,000, Training, Creation of a Reasonable Accommodation Policy, and PostingsLandlord EK 3 LLC, imposed a conditional lease rider containing unlawful terms when it approved Complainants reasonable accommodation request for an emotional support animal, and revoked their offer to extend Complainants lease for another term. The Commissions Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. Enforcement Actions Based on Retaliatory Conduct, SEC v. GPB Capital Holdings, LLC, et al.,21-cv-00583 (E.D.N.Y., filed February 4, 2021), In the Matter of SandRidge Energy, Inc., File No. Key Food also agreed to create and implement anti-discrimination policies under the NYC Human Rights Law and display a service animal poster in all of its places of business. MMPS of New York paid the Complainant $7,822.87 in back pay, $22,177.13 in emotional distress damages, and $10,000 in civil penalties. Despite Complainants explanation that the shorter time was insufficient for her to fulfill her religious obligations, and her repeated requests for reconsideration, Respondents denied her request without explanation. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. Complainant, a transgender man, was traveling through Terminal B at LaGuardia Airport and attempted to use the mens bathroom when a janitor stopped Complainant and directed Complainant to the family bathroom. States are considering legislation ranging from additional . Respondent Dalton also agreed to ensure its policies regarding tenant screening and reasonable accommodations are in compliance with the NYC Human Rights Law, to provide training to its employees, and to display postings outlining its obligations under the NYC Human Rights Law. Landlord Agrees to Pre-Complaint Resolution by Accommodating Tenant with Disability, Policy Changes, Training, and PostingsA landlord provided a tenant with a reasonable accommodation for her disability by replacing Complainants bathtub with a walk-in shower, created a reasonable accommodations policy for all current and prospective tenants, agreed to attend the Commissions anti-discrimination training, and to display posters outlining its obligations under the NYC Human Rights Law. Despite the sign, Complainant alleged that an employee of Respondent C-Town told Complainant that there were no positions available. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. All Respondents will also post the Commissions notices, attend the Commissions training, and create policies to reflect their responsibilities under the New York City Human Rights Law. Respondents will attend NYC Human Rights Law training, create employment policies in compliance with the NYC Human Rights Law, and post the Commissions Stop Sexual Harassment in NYC Act Notice, Notice of Rights poster, and Pregnancy Discrimination in Employment Notice. All Respondents agreed to also post the Commissions Notice of Rights and Source of Income discrimination posters in their building(s) or office, revise policies, and attend training on their obligations under the NYC Human Rights Law. A Primer on Family and Medical Leave Act (FMLA) Retaliation Claims. On February 21, 2018, the United States Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers stating that the Dodd-Frank anti-retaliation provisions only extend to those persons who provide information relating to a violation of the securities laws to the SEC. The Commissions Law Enforcement Bureau found that Respondents violated the NYC Human Rights Law in refusing to provide a reasonable accommodation. The Commission found probable cause and referred the matter to the Office of Administrative Trials and Hearings, where the parties came to a settlement agreement. NYC Parks also trained the named managers and other Staten Island employees on the NYC Human Rights Laws protections for survivors of domestic violence, revised its anti-discrimination policy, created a Parks-specific domestic violence protections poster to post along with the Commissions Notice of Rights. Respondents agreed to pay $15,000 in civil penalties, to include the Commissions Notice of Rights in all new leases, to post the Commissions Notice of Rights in their building, and to attend training on their obligations under the NYC Human Rights Law. Firstservice Residential, a Management Company, and 5400 Company, a Landlord, Agree To Settle Disability Discrimination in Pre-Complaint InterventionComplainant alleged that his property manager and his landlord, 5400 Company, failed to accommodate him and his neighbors and failed to provide adequate notice during an elevator modernization project in his Bronx building, during which the elevators were out of service. No matter what type of case you are involved with, it is imperative to retain an attorney that is well-versed in the area of discrimination and retaliation. As part of a conciliation agreement, Gucci agreed to: provide NYC Human Rights Law training and diversity and equity training for employees located in New York City; continue consulting with community leaders and social change experts committed to the advancement of diversity, racial equity, and inclusivity, including experts knowledgeable about these issues as they relate to the fashion industry; continue working towards improving diversity at all levels of the organization; continue to work to increase cultural sensitivity, awareness, and education across the organization, including in design and marketing; and update the Commission on the progress of its diversity, equity, and inclusion initiatives. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Zara entered into a conciliation agreement requiring Zara to pay Complainant $30,000 in emotional distress damages; train its New York City employees on the New York City Human Rights Law and the Commissions Gender Identity and Gender Expression Legal Enforcement Guidance; post in its New York City places of business the Commissions Notice of Rights poster, the Commissions Equal Bathroom Access Poster, and a policy explaining that patrons can use the fitting room that most closely aligns with their gender identity; and partner with the New York City LGBT Community Center, and at least one community-based organization dedicated to serving the transgender, gender non-conforming, and non-binary communities, to create employment opportunities for these communities. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. After issuing a probable cause finding, the parties entered into a conciliation agreement in which Respondent agreed to pay Complainant $15,000 in emotional distress damages; waive over $14,000 in rent arrears and other fees; train employees with job duties related to reviewing or evaluating rental applications on the NYC Human Rights Law and source of income discrimination; revise their tenant screening policies, and display the Commissions Fair Housing, Its the Law poster at any and all of the buildings in their portfolio. HFF Realty LLC and Manager Agree to Policy Changes, Training, and Postings After Refusing to Accommodate Emotional Support AnimalsTesting conducted by the Commission revealed that HFF Realty refused to reasonably accommodate emotional support animals for tenant applicants. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. The parties agreed to a settlement in which Bloomsbury paid $5,000 as a civil penalty to the City; revised its policies to prohibit discrimination based on salary history, credit, and criminal history; and revised its job application template to comply with the revised policies. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. To be eligible for an award, you must file a Form TCR within 30 days of submitting your information or within 30 days of learning of the TCR filing requirement. Shin Gallery Agrees to Settle Disability Discrimination Claim by Creating Reasonable Accommodation Policy and Undergoing TrainingComplainant alleged discrimination by Respondent Shin Gallery for refusing to grant Complainants request for a reasonable accommodation for his disabilities, i.e., CART services, in order for Complainant to attend a public event at the gallery. Software People, Inc. Settles EEOC Retaliation Lawsuit U.S. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. Further, the Commission has neither approved nor disapproved them. Cosmopolitan Club Agrees to Gender-Neutral Admissions and Dress Policies After receiving credible information that The Cosmopolitan Club (the Club), a members-only, full-service club on the Upper East Side had different admissions and dress policies for men and women, the Commission sent a document demand seeking more information. InDinero, Inc. Agrees to Pay $65,000 in Damages, Penalties, and Attorneys Fees After Job Applicant was Denied a Position Because of His Criminal HistoryA prospective employee filed a complaint against InDinero, Inc., an accounting software and services company, alleging that Respondent had offered him a job, then suddenly withdrew the offer based on his criminal history. The release also indicated that the records searched would include a 7-year criminal check, driving record, national wants and warrants, and a national criminal file. With the help of an experienced legal team, you can rest assured that you have the best chance of getting compensation for the damage caused. Yodle and the Commission entered into a conciliation agreement requiring Yodle to pay $5,000 in civil penalties and to continue to comply with the NYCHRL in its employment applications. There are many different types of businesses, ranging from stores to franchises to services. To resolve the case, Respondent agree to pay Complainant $11,000 in emotional distress damages; train its New York City employees on protections against gender discrimination under the New York City Human Rights Law; update its anti-discrimination policies; and post the Commissions Notice of Rights poster in all New York City places of business. The department also announced the April 28, 2020 settlement of the Title VII claims brought in its lawsuit on behalf of Houston firefighter Paula Keyes. Pays $10,000 and Agrees to Affirmative Relief in Fair Chance Act CaseA job applicant filed a complaint of discrimination against DB Grant Associates, Inc. alleging that Respondent, a workforce development company, circulated a job application that unlawfully inquired into his criminal history prior to a conditional offer of employment, and alleging that he was improperly denied employment on the basis of his criminal history. Equal Employment Opportunity Commission (EEOC).. A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them.An employee engages in "protected activity" when s/he complains of . The conciliation agreement requires Respondents to pay: $55,000 in emotional distress damages and $24,000 in attorneys fees to the Complainant: and $15,000 in civil penalties to the City of New York. $395,000 Terminated.com Lawyers obtained more than $395,000 in a lawsuit alleging retaliation for whistleblowing. Stop and Shop Supermarket Pays $10,000 in Emotional Distress Damages and Agrees To Affirmative Relief in Religious Discrimination CaseComplainant, a Muslim, filed a complaint against Stop and Shop Supermarket Company alleging that an employee made an Islamophobic comment to him during a visit to one of companys stores in Queens. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Additionally, a representative from Respondents board of directors will attend a training on the NYC Human Rights Law. Crunch agreed to pay a total of $40,000 in compensatory damages to the Complainants and $20,000 as a civil penalty; to change its national hiring policy to prevent background checks before making conditional employment offers; to revise its New York City hiring policy to match the requirements of the Fair Chance Act and the Commissions own guidance; to post the Commissions Know Your Rights notices in its offices; and to train its staff. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. The Respondents were cooperative with the Commissions process and were required to pay $7,500 in civil penalties, make changes to ensure their policies were compliant with the source of income provisions of the NYC Human Rights Law, attend training on the NYC Human Rights Law, send notices about the source of income protections under the NYC Human Rights Law to Respondents brokers and agents, and post notices of rights in their building. Some of the most prevalent EPLI-related claims seen in 2020 include: Retaliation Claims on the Rise - More than half of EEOC claims filed in recent years have involved claims of employer retaliation against an employee. Through a subsequent Commission-initiated intervention, the Commission and Key Food entered into a stipulation and order in which Key Food agreed to have its owner and managers attend a training on the NYC Human Rights Law at the National Supermarket Association, whose members will also be invited to attend. Respondents also agreed to one year of monitoring by the Commission. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. Once the resolution announced today involving Draycott's claims is entered by the court, all Title VII claims brought by the United States in its lawsuit will be resolved. "Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting . Bloomsbury Publishing Settles Salary History Discrimination Claim, Pays $5,000 Civil Penalty; and Agrees to Policy Changes, Training, and PostingsAfter receiving credible information that Bloomsbury Publishing was asking job applicants for salary history, in violation of the New York City Human Rights Law, the Commission filed a Commission-initiated complaint. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. In the Matter of Guggenheim Securities, LLC, SEC v. Collector's Coffee, Inc. (d/b/a Collectors Cafe), and Mykalai Kontilai, In the Matter of Homestreet, Inc. and Darrell Van Amen, In the Matter of Anheuser-Busch InBev SA/NV. Regardless of whether the Dodd-Frank anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. Additionally, MMPS of New York instituted new policies regarding pregnancy, childbirth, and related medical conditions as well as lactation polices for new parents who have returned to work; they also agreed to attend training and display the Commissions Notice of Rights poster. Respondent agreed to pay Complainant $12,500 in emotional distress damages, to modify its employee policies to better comply with the NYC Human Rights Law, and to train its managers on the NYC Human Rights Law. The Law Enforcement Bureau issued a finding of probable cause against the Respondent restaurant and its owners, and thereafter Complainant and Respondents entered into a private settlement agreement resolving the case for $30,000 in damages to Complainant. NYC Landlord Pinnacle Management Settles a Source of Income Discrimination Case for $50,000 in Damages and Extensive Affirmative Relief, Including the Set Aside of Apartments for Voucher Holders Complainant, a recipient of the Family Eviction Prevention Subsidy (FEPS), filed a complaint alleging that Respondents Pinnacle Management rejected her application for an apartment because they were not aware of the FEPS program and did not believe that Complainant would be able to pay rent. In addition to protecting whistleblowers who have reported possible securities law violations from retaliation, Commission Rule 21F-17 (a) prohibits any person from taking any action to prevent you from contacting the SEC directly to report a possible securities law violation. The Commission and the parties entered into a conciliation agreement requiring Respondent to pay Complainant $21,500 in emotional distress damages, pay $10,000 in civil penalties, provide all of the funds employees with anti-sexual harassment training, ensure that it has meaningful policies in place to address complaints of discrimination, post the Commissions Stop Sexual Harassment Act Notice, and distribute the Commissions Stop Sexual Harassment Act Fact Sheet. Landlord Settles Alienage Status Discrimination Case for $15,000 in Civil Penalties and Affirmative ReliefThe Commission filed a Commission-initiated complaint against a landlord alleging citizenship status discrimination for sending a series of harassing e-mails to a potential tenant regarding their citizenship status, followed by e-mails to one of their bosses seeking to have them removed from the country. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 in civil penalties to the general fund of the City of New York and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondent to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commissions notice of rights in their office. You may also send us a copy of your agreement, if you so choose, by submitting it as a tip either through our online portal or by mail or fax. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. The resulting plans were adopted nationally across the YMCA of the USA (YUSA), allowing eligible employees and their dependents nationwide to access the plans. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. Complainant had taken the same leave for three years in a row, but in her fourth year, her new manager stated Complainant would only be approved for a portion of the time she requested. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the buildings entrance to accommodate all tenants unable to use the front stairs due to a disability. Fashion Retailer Zara Agrees to Pay $30,000 in Emotional Distress Damages, Train Its Employees, and Work With Community Organizations to Create Employment Opportunities for Transgender, Gender Non-Conforming, and Non-Binary New YorkersComplainant, who identifies as gender non-binary, filed a complaint against Zara alleging that they faced gender-based discrimination and harassment while trying to use fitting rooms at Zara stores in New York City. If youchoose to report a possible securities law violation internally to your company, you also can report that information directly to the SEC either before or at the same time as reporting internally. Gristedes Agrees To Pay $11,000 in Damages, Retrain all NYC Employees, Revise Policies, and Post Notice of Rights in all NYC StoresComplainant, who identifies as an intersex woman, filed a complaint against Gristedes alleging that she heard an employee tell another employee while she was shopping that Complainant was "really a man."
